Waterways Ownership Act Swamps Special Panel

November 19, 1985|By Michael Ludden of The Sentinel Staff

KISSIMMEE — State Sen. John Vogt said Monday the Legislature may not be able to solve the controversy surrounding the Marketable Record Title Act, but may simply emphasize to landowners that navigable waterways should belong to the public. The Cocoa Beach Democrat, told members of the Kissimmee Rotary Club the 1963 law is a problem because it cannot be revoked, and because court rulings have supported private owners' claims to lands that at one time may have been under water.

Vogt serves on a special commission formed to study how to solve the problem.

In an effort to simplify land-title proceedings, the state in 1963 had passed the law that, in general, says deeds without claims against them that have existed for more than 30 years are considered valid without an extensive title search.

But the act created a problem not envisioned by its authors. The state traditionally has held as public lands any property overflowed by navigable waters as of 1845, when Florida became a state. Much of that land is now high and dry as a result of draining and channeling of agricultural lands.

Some state officials are saying that private property owners have abused the 1963 law -- with the help of the courts -- to take possession of property and navigable waterways that should be state-owned.

Landowners say the state wants to take away property they have held for generations, without disputed title.

In one of the 14 cases that have come up, the state courts ruled that 2,100 acres of Lake Cypress in Osceola County belongs to Bronsons Inc., a family business headed by state Rep. Irlo Bronson, a Kissimmee Democrat.

''The committee has not been able to agree thus far. We might simply end up trying to stress the public-trust doctrine. There are legitimate concerns that the state is trying to take lands that are high and dry -- and you've been paying property taxes all this time.''

Without state ownership, state officials fear that there will not be a way to ensure the public's right to use waterways for boating and fishing. Research to find out which lands were under water in 1845 could cost as much as $600 million, officials have said.

Vogt said it may require ''divine guidance'' to find a solution. One committee member is Arthur England, a former state Supreme Court justice, who hasn't been able to suggest an answer either, Vogt said.

When Florida became a state, Congress granted it the right to take ownership of all land under navigable waters. Five years later, it passed the Swamp and Overflowed Lands Act, allowing the state to sell low-lying property to buyers for drainage and improvements.

What made the issue especially tricky is the enormous amount of property involved -- about 22 million of the state's 35 million acres were under water at one time.

Who should be the rightful owner? Said Vogt: ''Your guess is as good as mine.''